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    Construction Expert Witness Builders Information
    Anaheim, California

    California Builders Right To Repair Current Law Summary:

    Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:


    Construction Expert Witness Contractors Licensing
    Guidelines Anaheim California

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211
    http://www.desertchapter.com

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501


    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614
    http://www.biasc.org

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614
    http://www.biaoc.com

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730
    http://www.biabuild.com

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355


    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535



    Construction Expert Witness News and Information
    For Anaheim California

    U.S. Government Bans Use of Mandatory Arbitration Agreements between Nursing Homes and Residents, Effective November 28, 2016

    Musk Backs Off Plan for Tunnel in Tony Los Angelenos' Backyard

    Weyerhaeuser Leaving Home Building Business

    As Trump Visits Border, Texas Landowners Prepare to Fight the Wall

    Team Temporarily Stabilizes Delaware River Bridge Crack

    Denver Airport Terminates P3 Contract For Main Terminal Renovation

    Treasure Island Sues Beach Trail Designer over Concrete Defects

    Fifth Circuit Decision on Number of Occurrences Underscores Need to Carefully Tailor Your Insurance Program

    3 Common Cash Flow Issues That Plague The Construction Industry

    Privity Problems Continue for Additional Insureds in the Second Circuit

    KB to Spend $43.2 Million on Florida Construction Defects

    New Notary Language For Mechanics Lien Releases and Stop Payment Notice Releases

    Bar to Raise on Green Standard

    Patent or Latent: An Important Question in Construction Defects

    Assignment of Construction Defect Claims Not Covered

    Homebuilder Immunity Act Dies in Committee. What's Next?

    Whitney Stefko Named to ENR’s Top Young Professionals, formerly ENR’s Top 20 Under 40, in California

    Bid Protests: The Good, the Bad and the Ugly (Redeux)

    Home Prices Up in Metro Regions

    General Contractors Can Be Sued by a Subcontractor’s Injured Employee

    Las Vegas HOA Conspiracy & Fraud Case Delayed Again

    Why Builders Should Reconsider Arbitration Clauses in Construction Contracts

    Workers on Big California Bridge Tackle Oil Wells, Seismic Issues

    Serial ADA Lawsuits Targeting Small Business Owners

    New Jersey Federal Court Examines And Applies The “j.(5)” Ongoing Operations Exclusion

    Pinnacle Controls in Verano

    Massive Fire Destroys Building, Firefighters Rescue Construction Worker

    Subcontractor’s Claim against City Barred by City’s Compliance with Georgia Payment Bond Statute

    BP Is Not an Additional Insured Under Transocean's Policy

    Pine River’s Two Harbors Now Targets Non-Prime Mortgages

    Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage

    Solar Power Inc. to Build 30-Megawatt Project in Inner Mongolia

    Brad Pitt’s Foundation Sues New Orleans Architect for Construction Defects

    Construction Defect Lawsuit Came too Late in Minnesota

    Construction Litigation—Battles on Many Fronts

    APROPLAN and GenieBelt Merge, Creating “LetsBuild” – the Build Phase End-to-End Digital Platform

    Alert: AAA Construction Industry Rules Update

    How BIM Helps Make Buildings Safer

    Amid the Chaos, Trump Signs Executive Order Streamlining Environmental Permitting and Disbands Infrastructure Council

    The Importance of Providing Notice to a Surety

    Colorado Springs may be Next Colorado City to Add Construction Defects Ordinance

    Update: Where Did That Punch List Term Come From Anyway?

    New Jersey Law Firm Sued for Malpractice in Construction Defect Litigation

    Town Concerned Over Sinkhole at Condo Complex

    After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects

    This Is the Most Remote and Magical Hotel on Earth

    What are Section 8(f) Agreements?

    Adjuster's Report No Substitute for Proof of Loss Under Flood Policy

    2018 Legislative Changes Affecting the Construction Industry

    Florida Federal Court Reinforces Principle That Precise Policy Language Is Required Before An Insurer Can Deny Coverage Based On An Exclusion
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Drawing from more than four thousand construction related expert witness designations, the Anaheim, California Construction Expert Directory delivers a superior construction and design expert support solution to attorneys and construction practice groups concerned with construction defect, scheduling, and delay matters. BHA provides construction related trial support and expert consulting services to the nation's leading construction practice groups, Fortune 500 builders, real estate investment trusts, risk managers, owners, as well as a variety of municipalities and government offices. Utilizing in house assets which include testifying architects, design engineers, construction cost and standard of care experts, the organization brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California architectural expert witnessAnaheim California construction claims expert witnessAnaheim California construction code expert witnessAnaheim California window expert witnessAnaheim California building consultant expertAnaheim California ada design expert witnessAnaheim California slope failure expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    As the Term Winds Down, Several Important Regulatory Cases Await the U.S. Supreme Court

    September 03, 2019 —
    The Supreme Court will be deciding some very important regulatory law cases in the new few weeks as the term winds down. CERCLA Circled Last week, the Court granted a petition to review a significant CERCLA case, Atlantic Richfield Company v. Christian, et al., decided by the Supreme Court of Montana on state law grounds. This case involves state litigation which could result in a cleanup whose scope is allegedly inconsistent with an ongoing and expensive federal CERCLA cleanup at the Anaconda Smelter site. CERCLA basically provides that no one may challenge an ongoing Superfund cleanup, yet this state common law proceeding seeking a cleanup of the plaintiff’s homes and properties arguably threatens the EPA-approved cleanup remedy. ARCO filed a petition for certiorari with the Supreme Court, which the Court has now granted despite the Solicitor General’s brief which argued that the Court should wait to see the results of the Montana trial. (It is unusual for the Court to reject the advice of the Solicitor General.) Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    Hyundai to Pay 47M to Settle Construction Equipment's Alleged Clean Air Violations

    November 04, 2019 —
    Hyundai Construction Equipment Americas Inc. and its parent company are paying a $47-million civil penalty to settle federal allegations that the company sold construction vehicles that weren't certified to meet the appropriate Clean Air Act emissions standards, federal agencies say. Reprinted courtesy of Tom Ichniowski, Engineering News-Record Mr. Ichniowski may be contacted at ichniowskit@enr.com Read the court decision
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    Reprinted courtesy of

    Appellate Court reverses district court’s finding of alter ego in Sedgwick Properties Development Corporation v. Christopher Hinds (2019WL2865935)

    August 13, 2019 —
    Division V of the Colorado Court of Appeals addressed, for the first time, corporate veil-piercing in the context of a single-member, single-purpose LLC that is managed under a contract by another company. On July 3, 2019, the Court of Appeals reversed the order of the Honorable Ross B. Buchannan, Denver District Court Judge (17CA2102), who held that Plaintiff/Appellee Christopher Hinds satisfied the elements required to pierce the corporate veil of Sedgwick Properties Development Corporation (“Sedgwick”). Background Defendant 1950 Logan, LLC (“1950 Logan”) was the developer of a building located at 1950 Logan Street, in Denver, called The Tower on the Park (“Project”), which contained 141 individually owned condominium units. The Project was completed in 2006. 1950 Logan was a single-purpose entity created for the construction of the Project, which is a common practice in the construction industry. After the units were sold in 2006, the LLC wrapped up operations. Read the court decision
    Read the full story...
    Reprinted courtesy of Frank Ingham, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. Ingham may be contacted at ingham@hhmrlaw.com

    The Private Works: Preliminary Notice | Are You Using the Correct Form?

    August 20, 2019 —
    The Private Works – Preliminary Notice form which contractors, subcontractors and suppliers had become accustomed to using for many years changed in 2004. Despite this change in law, many in the construction industry have still not started using the correct new form. Changes in the law, championed by the American Subcontractors’ Association, gave a significant new benefit to subcontractors and suppliers by giving the subcontractor or supplier some expectation of actually receiving notice of when a Notice of Completion or a Notice of Cessation has been recorded on many private works projects. The law also changed the language of the California Preliminary Notice that subcontractors and suppliers must use to protect their mechanics’ lien, bond claim and stop payment notice rights. If Owners do not send out the Notice of Completion as required by law they incur a diminishing of the protections afforded to them when they record a Notice of Completion or Notice of Cessation on many private works projects. The revised law requires private project owners to notify all subcontractors and suppliers within 10 days after recording a Notice of Completion or Notice of Cessation that a Notice of Completion or a Notice of Cessation has actually been recorded. In order to receive such notice, the subcontractor or supplier must properly serve the new form of Preliminary Notice. If this properly occurs and the private project owner provides the required notice, then the subcontractor or supplier will have 30 days to record a Mechanics’ Lien. However, if an owner under such circumstances fails to properly notify a subcontractor or supplier within 10 days after recording a Notice of Completion or Notice of Cessation, then the Subcontractor or supplier will have 90 days to record a Mechanics’ Lien. The details of the law can be found in California Civil Code sections 8190, 8414 and 8416. Read the court decision
    Read the full story...
    Reprinted courtesy of William L. Porter, Esq., Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com

    London Office Builders Aren’t Scared of Brexit Anymore

    May 26, 2019 —
    For London office developers at least, the Brexit waiting game is over. Developers mostly steered clear of doing new projects on spec in the political upheaval that followed the U.K.’s 2016 vote to leave the European Union. Now the surprising resilience of London’s office market, highlighted by technology giants like Alphabet Inc. committing to open new bases in the city, has convinced them that it’s time to break ground. Read the court decision
    Read the full story...
    Reprinted courtesy of Jack Sidders, Bloomberg

    Singapore Unveils Changes to Make Public Housing More Affordable

    September 23, 2019 —
    Singapore may increase its supply of public housing next year as the city-state introduced measures Tuesday aimed at making such homes more affordable. Minister for National Development Lawrence Wong said the measures would help more Singaporeans from lower to upper-middle income households buy their first homes. The Housing & Development Board, which is the body responsible for public housing, would probably have to increase supply in 2020 to meet the additional demand expected to stem from the changes, according to a joint statement from MND and HDB. Read the court decision
    Read the full story...
    Reprinted courtesy of Katrina Nicholas & Joyce Koh, Bloomberg

    Warning! Danger Ahead for Public Entities

    July 30, 2019 —
    Public entities are known to assert False Claims actions “to up the ante” to intimidate and aggressively address contractor construction claims. This strategy in the case of John Ross of Industrial Sheet Metal, Inc. (JRI) V. City of Los Angeles Department of Airports (LAWA), 29 Cal. App. 5th 378 (2018), backfired on the public entity, LAWA, in a big way and should serve as a warning to public entities about expanding claims to include False Claim actions. In this case, LAWA was awarded $1 in contract damages, its California False Claims Act (CFCA) claim was rejected by the jury as were JRI’s claims against LAWA. Despite losing on the substantive contract claims, the trial court found that JRI “prevailed in the action” under the relevant CFCA fee provision, Government Code 12652, subd. (g)(9)(B), regardless of JRI’s failure to prevail in the action as a whole. The California Appellate Court (hereinafter “Court”) affirmed the trial court’s finding. The CFCA is analogous to the federal False Claims Act (FFCA; 31 U.S.C. 3729 et seq.). Since the CFCA is patterned on similar federal legislation, it was appropriate for the Court to look to precedent construing this similar federal act in interpreting the CFCA provisions. Accordingly, the Court looked at the False Claims Act cases for guidance in upholding the trial court’s decision in its determination that JRI was the “prevailing party” for determining an attorney’s fees award against LAWA. Read the court decision
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    Reprinted courtesy of Michael J. Baker, Snell & Wilmer
    Mr. Baker may be contacted at mjbaker@swlaw.com

    Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case

    September 23, 2019 —
    Property owners owe a duty of reasonable care to avoid causing harm to neighboring properties. When a property owner knows or should know about a condition that poses a risk of danger to neighboring properties, the property owner must exercise reasonable care to make the condition safe. The Court of Special Appeals of Maryland recently held that, where hundreds of discarded cigarette butts had accumulated in a bed of mulch over an extended period of time prior to the fire at issue, the owner of the property with the mulch beds owed a duty of care to its neighbors to prevent a foreseeable fire. In Steamfitters Local Union No. 602 v. Erie Insurance Exchange, 2019 Md. App. LEXIS 430 (May 30, 2019), a fire originated in a strip of mulch at property owned by the Steamfitters Local Union No. 602 (Union) and caused damage to neighboring properties. The fire occurred when an unknown person discarded a cigarette butt into the mulch. Following the fire, investigators found “hundreds, if not thousands of cigarettes” in the mulch where the fire originated. A representative for the Union acknowledged that there were more butts in the mulch “than there should have been” and that, “[i]n the right situation,” a carelessly discarded cigarette could cause a fire. The Union, however, had no rules or signs to prohibit or regulate smoking at the property, where apprentices would often gather prior to class. The insurance companies for the damaged neighbors filed subrogation actions alleging that the Union, as the property owner, failed to use reasonable care to prevent a foreseeable fire. A jury found in favor of the subrogating insurers and against the Union. Read the court decision
    Read the full story...
    Reprinted courtesy of Michael J. Ciamaichelo, White and Williams LLP
    Mr. Ciamaichelo may be contacted at ciamaichelom@whiteandwilliams.com